St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-12-17
SUPREME COURT.
Several Decisions by Judge Mitch
eii---Yesterday's Cases.

Several Decisions by Judge Mitch
eli---Yesterday's Cases.
The supreme court handed down a
number of decisions yesterday. The
syllabi are as follows:
Jane Riley, respondent, VS.. William B.
Mitchell as administrator, appellant.
Syllabus-If the conditions of all APP
peal bond substantially cover the pro-
visions of the statute and secure to the
respondent all that the law designs for
him, il is sufficient, although not in the
exact words of the statute. In an ap-
peal from the probate court to the dis
trict court. under general statutes, chap
ter 50, defect in the appeal bond in be-
ing executed by only one surety does
not go to the jurisdiction of the appel
late court over the subject matter of the
appeal, but is mere irregularity which
the respondent may waive or which the
district court may allow to be remedied
by amending the bond or filing new
one Order affirmed. MITCHELL. j.
Chester E. Leveridge. by his guardian
ad Item and Julia +. Leyeridge,
respondent, VS.. knudt ArnOlt, appel
liant.
Syllabus-Verdict held to be justified
by the evidence. Order affirmed.
MITCHELL, j.
Rufus s. Frost, respondent, VS.. Arthur
n. Jordan ct al, appellants.
Syllabus-1n an action on an attach
ment bond conditioned to pay all costs
that might be awarded to the defendant,
and all damages he may sustain by rea-
son of the attachment, attorneys fees
expended in defending the principal
action are not recoverable, even al
though jurisdiction was obtained solely
by attaching the property of nOn-reSi-
dent who subsequently appealed and
defended the action. Judgment modi-
fled. MITCHELL, J.
dissent. GILFHLAN, j.
George Cooper, respondent, VS.. George
Finke, Lewis S. Nelson ct al, appel
lantS:
SyIlabus-A power of attorney ''to
grant, bargain, sell and convey any and
all personal or real property" gives au-
thority to sell and convey by assignment
of the certificate of sale, the interest or
estate which purchaser at mortgage
sale has in the premises prior to the eX-
piration of the period of redemption. In
an action to set aside certificate of re-
demptiOn executed by sheriff its re-
citals may be impeached by parol evil
dence showing that no redemption was
i'll fact made and no money paid to the
sheriff. SO in an action to set aside
deed on the ground that it was obtained
by fraud, parol evidence of the fraud
is admissible to impeach the deed.
Judgment affirmed. MITCHELL, }.
Ole II. ROlSeth, appellant, VS.. Smith &
Richardson, respondents.
SyllabuS-An allegation of negligence
as applied to the conduct of party is
not conclusion of law. but statement
of an ultimate pleadable fact. Hence
in an action for damages resulting from
certain acts of another alleged to have
been negligent and careless, the COM
plant is not demurrable as not stating
a cause for action unless the particular
acts alleged are such that they could
not be negligent un1er any possible evil
dence admissible; under the allegations
of the complaint, neither could court
say as a matter of law that it appeared
from the allegations of the complaint
that the defendant was guilty of con-
tributOry negligence or had voluntarily
assumed as incident to his employment
the risks which caused the injury, un-
less these allegations so clearly show
that fact that there could be no room for
different minds reasonably arriving at
any different conclusion upon any pos
sible evidence admissible under and
consistent with the allegations of the
pleading. Order reversed.
MITCHELL, j.
YESTERDAYS CASES.
In the supreme court yesterday the
cases of Rosannah NJ. Ogden, appellant,
VS.. Sarah Ball, ct al. respondents. and
F. E. Graves, respondent, vs.. Jennie l..
Horton, appellant, were argued and
submitted. The case of r. W.
Cavenaugh, appellant, VS.. w. j. Nc
Laughlin, respondent, was submitted on
briefs.
To Help Small Shippers.
The railroad commissioners yesterday
nnailad q lnttnr 10 Ii 1.ailrnnd com no 1aias